Christchurch Baby Murderer Michael Topp Loses Appeal Over Conviction

In a landmark decision, the Court of Appeal has dismissed the appeal of Michael Topp, the convicted murderer of his 3-month-old daughter in Christchurch. Topp had previously been sentenced to life in prison with a minimum non-parole period of 17 years for his role in the fatal injuries that led to the infant’s death in December 2022.

Topp initially admitted to causing the fatal injuries but denied the murder charge, claiming he did not intend to kill the child. He also denied three counts of causing grievous bodily harm with intent. The infant’s name, as well as the name of the mother, has been permanently suppressed by the court.

During his sentencing, Justice Anne Hinton strongly refuted any suggestion that the mother was responsible for the baby's injuries. She praised the mother as an “excellent and devoted mother” and stated that she was a victim of Topp’s actions. The judge emphasized that the mother was not aware of what was happening and had no role in the abuse.

The appeal was based on the claim that a Crown expert witness provided “inappropriate” evidence during the trial, which Topp’s legal team argued “tainted” the jury’s decision. However, the Court of Appeal ruled that the judge’s instructions to the jury were adequate and sufficient to address the inadmissible portions of the expert’s testimony.

Justice Susan Thomas, one of the judges on the appeal, stated that the inadmissible evidence had disrupted the trial but did not ultimately affect the fairness of the proceedings. The court expressed concern over the inappropriate disclosure of the evidence and emphasized that expert witnesses are expected to adhere to proper limits.

Topp’s legal team also argued that the judge had improperly assisted a Crown witness during the trial. However, the Court of Appeal rejected this claim, stating that a judge has the authority to ask any question deemed necessary to ensure justice is served.

The court acknowledged that the evidence against Topp was “strong” and that the expert witness’s testimony had not compromised the trial’s integrity. As a result, the appeal against the conviction was dismissed, and the original sentence stands.

Topp’s daughter had been unwell during the night, and the mother had stayed up with her. At 9 a.m., Topp took over so the mother could rest. Later that day, he took the baby into the mother’s room and said the infant had been feeding and then began choking and gagging. The baby was unresponsive for about 10 minutes before paramedics arrived and rushed her to the hospital. She was found to have suffered an unsurvivable head injury and multiple fractures. Despite medical intervention, she was taken off life support and died shortly after.

An investigation later revealed that the infant had been subjected to “repeated significant trauma and abuse” in her short life. Police concluded that the injuries could only have been caused by Topp’s violent actions, including yanking, pulling, and smacking the baby’s tiny body parts.

Justice Hinton emphasized that Topp’s actions were not premeditated but were “significantly violent and reckless.” She stated that Topp had abused his position of trust and that the child should have been safe in his care. The judge did not accept Topp’s claims of remorse, stating that she did not believe them to be genuine.

This case has sparked significant public and legal discussion regarding the responsibilities of parents and the importance of ensuring the safety and well-being of children. The ruling reaffirms the court’s commitment to upholding justice and protecting the rights of victims and their families.